Western Australian Current Acts Western Australian Current Acts (1) In making a local
law a local government is to follow the procedure described in this section,
in the sequence in which it is described.
(2A) Despite
subsection (1), a failure to follow the procedure described in this section
does not invalidate a local law if there has been substantial compliance with
the procedure.
(2) At a council
meeting the person presiding is to give notice to the meeting of the purpose
and effect of the proposed local law in the prescribed manner.
(3) The local
government is to —
(a) give
local public notice stating that —
(i)
the local government proposes to make a local law the
purpose and effect of which is summarized in the notice; and
(ii)
a copy of the proposed local law may be inspected or
obtained at any place specified in the notice; and
(iii)
submissions about the proposed local law may be made to
the local government before a day to be specified in the notice, being a day
that is not less than 6 weeks after the notice is given;
and
(b) as
soon as the notice is given, give a copy of the proposed local law and a copy
of the notice to the Minister and, if another Minister administers the Act
under which the local law is proposed to be made, to that other Minister; and
(c)
provide a copy of the proposed local law, in accordance with the notice, to
any person requesting it.
[(3a) deleted]
(4) After the last day
for submissions, the local government is to consider any submissions made and
may make the local law* as proposed or make a local law* that is not
significantly different from what was proposed.
* Absolute majority required.
(5) After making the
local law, the local government is to publish it in the Gazette and give a
copy of it to the Minister and, if another Minister administers the Act under
which the local law is proposed to be made, to that other Minister.
(6) After the local
law has been published in the Gazette the local government is to give local
public notice —
(a)
stating the title of the local law; and
(b)
summarizing the purpose and effect of the local law (specifying the day on
which it comes into operation); and
(c)
advising that the local law is published on the local government’s
official website and that copies of the local law may be inspected at or
obtained from the local government’s office.
(7) The Minister may
give directions to local governments requiring them to provide to the
Parliament copies of local laws they have made and any explanatory or other
material relating to them.
(8) In this section
—
making in relation to a local law, includes making
a local law to amend the text of, or repeal, a local law.
[Section 3.12 amended: No. 1 of 1998 s. 8; No. 64
of 1998 s. 6; No. 49 of 2004 s. 16(4) and 23; No. 26 of 2016 s. 5; No. 16 of
2019 s. 8.]